Topic: hostile work environment

Has New York State Enacted a Workplace Civility Code?

The federal law known as Title VII, along with similar state laws, prohibits discrimination in employment on the basis of sex. Discrimination on the basis of sex can include harassment of an employee (either female or male employee, although the evidence is that sexual harassment of men is less common) by subjecting her or him…

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Testing the Boundaries of the Faragher/Ellerth Defense in Sexual Harassment Cases

In 1998, the U.S. Supreme Court created a defense for employers accused of permitting a supervisor to engage in unlawful sexual harassment of an employee.  In two seminal cases, the Court held that an employer is not vicariously liable for a supervisor’s workplace harassment of a subordinate if the employer can show: (1) that it…

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